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SB 93

CRIMINAL PROCEDURE: Establishes minimum bond amounts for certain offenses. (8/1/26)

2026 Regular Session Introduced by Mark Abraham and 4 co-sponsors

Minimum bail requirements for possession ($50k) and production ($100k) of child sexual abuse material, plus stricter bail conditions for violence, sex, or firearm offenses.

Effective date 8/1/2026.
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WeVote Research Nonpartisan
Bill Summary · SB 93

Summary: SB 93 (Louisiana, 2026 Session)

Purpose and Intent

SB 93 establishes minimum bail amounts for certain offenses and clarifies bail procedures before and after conviction. The bill aims to ensure meaningful financial incentives to secure appearance in court and to address specific high-risk offenses with higher minimums. It also introduces related provisions on bail evaluation, juvenile records for bail decisions, and post-conviction bail conditions for crimes involving violence, sex offenses, or firearms.

Effective date: August 1, 2026.

Key Provisions

  • Minimum bail requirements (new minimums apply to non-capital felonies if no district court bail schedule is used):

    • Possession of child sexual abuse materials: $50,000 bail minimum.
    • Production (creation) of child sexual abuse materials: $100,000 bail minimum.
    • Note: The amendments set minimums to ensure a baseline bail amount for these offenses, regardless of whether a bail schedule exists.

  • Bail enforcement and modification (existing law retained with added limits):

    • Courts cannot reduce a bail undertaking to an amount below the statutory minimums established by the bill.
    • Retains the ability of courts to adjust bail amounts up or down within the framework of existing law, subject to these new minimums.

  • Code provisions amended or added:

    • Amends and reenacts Article 312 (Right to bail before and after conviction) and related sections.
    • Adds Article 315(D) and 316(11)–(13) to provide factors for fixing bail.
    • Adds Article 312.1 (Revocation of bail upon subsequent felony arrest).
    • Adds Article 316 (Factors in fixing amount of bail), including enumerated criteria (seriousness of offense, use of weapons, community safety, resources for enforcement of conditions, likelihood of re-offense, and other relevant circumstances).
    • Adds Article 318 (Juvenile records in fixing bail) to allow limited disclosure of juvenile acts for bail decisions, with confidentiality protections.
    • Adds Article 320 (Conditions of bail undertaking), including specific conditions for crimes of violence (see below).

  • Specific bail conditions for crimes of violence (Art. 320(J)(1)):

    • For offenses defined as crimes of violence under 14:2(B), courts must impose:
    • (a) Strict no-contact conditions: the defendant must refrain from going to the victim’s residence, school, or workplace, and must avoid contact with the victim or the victim’s immediate family; contact with the victim may be allowed only if the court issues a protective order.
    • (b) Monitoring: if the defendant has a GPS or similar monitoring device, they must comply with geographic restrictions and related enforcement provisions.

  • Post-conviction bail considerations (Art. 312(D)):

    • A convicted person shall be remanded to jail after sentencing unless:
    • They are allowed to remain free on a pre-conviction bail undertaking, or
    • Released on a post-conviction bail undertaking in compliance with the article, provided no substantial risk of flight or imminent danger exists.

  • Presumptions after conviction (Art. 312(G)(2)):

    • After conviction for offenses with potential long sentences (25+ years) that include crimes of violence or sex offenses, there is a rebuttable presumption that release would pose danger and risk of flight under certain circumstances (including cumulative maximum sentences and habitual offender status).

Who and What is Affected

  • Defendants awaiting trial in non-capital felony cases (subject to court bail schedules or lack thereof).
  • Defendants charged with crimes of violence, sex offenses, or firearm-related offenses (special bail conditions and revocation rules).
  • Juvenile cases involved in bail decisions (procedures for obtaining juvenile records, with confidentiality safeguards).
  • Courts and law enforcement responsible for determining bail amounts, conditions, and ongoing compliance.

Procedural and Timeline Aspects

  • The amendments add and modify provisions effective August 1, 2026.
  • The bill specifies that minimum bail amounts apply when a district court does not implement a bail schedule (or when a schedule exists, the minimums must still be respected where applicable).
  • The bill creates procedural steps for revocation of bail upon subsequent felony arrests related to certain offenses and enhances information sharing to assist bail determinations.
  • Juvenile record handling for bail requests includes time-bound handling and protective ordering to protect confidentiality.

Notes

  • The primary substantive change is the establishment of minimum bail amounts for two child sexual abuse material offenses (possession and production) and tighter bail-related protections for high-risk categories (violence, sex offenses, firearms).
  • The text also includes comprehensive updates to bail-relevant definitions, procedures, and post-conviction conditions.

Compiled from official sources — confirm details with the bill’s official record.

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